Posted by: Harris September 16, 2006
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I am hoping somebody can answer my inquiry regarding I-140 and I-485. I had recently submitted documents for RFE in regard to I-140 (USCIS received those documents on September 11) and the website still says it is in a processing phase however, it now said they have sent me another RFE letter for I-485 (filed I-140 and I-485 concurrently). I am confused as to what my status is for I-140????? I thought they only review I-485 after approving I-140. Has somebody gone through similar experience? Please help....
=> RFE is issued when USCIS needs more information, evidence or clarification on your application. It is very important that you submit response to RFE within the given time frame (since you have done this on your I-140 and that USCIS has received your documents, you are fine). An immigration officer reviews your additional information and takes a decision on your case.
Sometimes, USCIS issues NOID which is also called Notice Of Intent to Deny. If you received NOID instead of RFE, failure to submit satisfactory evidence/document automatically leads to the denial of your case. NOID is riskier than RFE in the sense that you need to supply exactly what USCIS is asking for.
Even you concurrently filed I-140 and I-485, immigration officer may ask separate RFE on each case. I guess it depends on when the Immigration Officer reviews your file. Recently, USCIS has changed its working style as two center partner in processing case. Suppose you filed in California, your concurrently filed I-140 may be transferred to TSC and I-485 remains in CSC. Your RFE on I-485 may have been issued after reviewing your newly submitted I-140 or before it.
The document USCIS sends you after receiving your application is I-797 (Notice of Action).